Tenant challenged eviction order directing forcible possession. Petitioner filed appeal against eviction order which is pending. Court stopped forcible possession until appeal decided within specified period.
Petitioner shall be kept in possession of shop till appeal decided on or before 31st January 2025
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| SL. No |
Date | Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures |
COURT’S OR JUDGES’S ORDERS |
|---|---|---|---|
| W PMS 3 2 9 1 / 2 0 2 4 Hon’ble Man oj Ku m ar Tiw ar i, A.C.J. |
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| Mr. Suresh Chandra Bhatt, Advocate, for the petitioner. |
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| (2) This is tenant’s petition challenging the order dated 13.11.2024, passed by Civil Judge (Jr. Div.), Khatima, District Udham Singh Nagar in Execution Case No. 03 of 2022. By the said order, Court Am in has been directed to take vacant possession of the shop in question from the petitioner by use of force, on 9.12.2024. (3) Petitioner contends that against the ex parte order, passed by the Prescribed Authority in proceedings under Section 21(1)(a) of U.P. Act No. 13 of 1972, he has filed appeal, which is pending before the Additional District Judge, Khatima. Thus he submits that if possession of the shop in question is taken forcibly during pendency of the appeal, then the purpose of filing appeal would be frustrated. (4) Having regard to the facts and circumstances of the case, writ petition is disposed of with a direction to learned Additional District Judge, Khatima to decide the appeal no. 10 of 2024 on or before 31stJanuary, 2025. |
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| (5) Till 31stJanuary, 2025 or till decision in the aforesaid appeal, |
| whichever be dispos question. |
is se |
earlier, petitioner ssed from the |
shall shop |
not in |
|---|---|---|---|---|
| Pr | ( Man oj Ku m ar Tiw ar 4 .1 2 .2 0 2 4 |
i, A.C. | J.) |
3 issues framed by the court
Whether possession of the shop be taken forcibly during pendency of the appeal filed against the eviction order.
Whether the appeal under U.P. Act No. 13 of 1972 sections 21(1)(a) requires a stay on mandatory eviction.
Whether the manner of enforcing the eviction by force prevents the petitioner from benefitting from appeal process.
Petitioner
Respondent (Shop Owner)
Manoj Kumar Tiwari
A.C.J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
